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incarceration

Filed on
Tuesday, March 22, 2011
SUMMARY: A parent cannot delay a proceeding by challenging paternity when a default order of paternity had been entered years earlier and has remained uncontested by that parent. Javontae, DOB 6/93, is the child of James, who has been incarcerated a majority of Javontae’s life. On June 3, 2010, the...Read more
Filed on
Tuesday, January 18, 2011
SUMMARY: Termination of the father’s parental rights was proper because he failed to follow through on sex offender and parenting programs while incarcerated and had poor interaction with the children during therapeutic visitation even when prompted, and because the children’s behaviors had...Read more
Filed on
Tuesday, April 27, 2010
SUMMARY: Evidence proving mere possession of crack cocaine by the father without any showing that it affected the child does not establish a definite risk of future harm, and adjudication of the child on this basis was therefore improper. Carrdale II, DOB 10/08, was removed from the home in May...Read more
Filed on
Tuesday, March 30, 2010
SUMMARY: There was not a violation of the father’s due process rights in the termination of his parental rights as, although he could not attend a portion of the trial due to incarceration, he was offered counsel and the opportunity to submit evidence and cross-examine witnesses. Bianca, DOB 2/03,...Read more
Filed on
Tuesday, March 30, 2010
SUMMARY: Given the father’s positive actions in turning his life around since he learned that the child had been removed from the mother, it was not error for the court to deny the petition to terminate his parental rights. Rayna, DOB 8/06, was removed from the mother on August 11, 2008, and placed...Read more
Filed on
Tuesday, March 30, 2010
SUMMARY: Given the father’s positive actions in turning his life around since he learned that the child had been removed from the mother, it was not error for the court to deny the petition to terminate his parental rights. Rayna, DOB 8/06, was removed from the mother on August 11, 2008, and placed...Read more
Filed on
Tuesday, September 8, 2009
SUMMARY: Termination of parental rights on the ground of abandonment and substantial neglect through incarceration was improper because there was no concrete evidence that established the length of incarceration and that the mother abandoned the child. To have records from a prior proceeding...Read more
Filed on
Tuesday, April 28, 2009
SUMMARY: The time a parent spends incarcerated shall not be excluded from the determination of whether a child has been out-of-home 15 of the most recent 22 months. As the father did not take steps to undergo sex offender treatment in the two months prior to incarceration or immediately after his...Read more
Filed on
Tuesday, March 24, 2009
SUMMARY: The child comes within the meaning of 43-247(3)(a) because he is at risk for harm due to the father’s failure to pay child support and lack of any evidence that he provided the child with proper parental care and support. Enrique, DOB 5/1/00, is the child of Tevon and Xiomara G. On or...Read more
Filed on
Tuesday, October 14, 2008
SUMMARY: The statutory ground for termination where the child must be out of the home 15 of the most recent 22 months requires “clear and convincing evidence of circumstances as compelling and pertinent to a child’s best interests as to those enumerated in the other subsections”, given that this...Read more

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